Alcohol's effect on an individual's ability to drive is no secret. Most people know that alcohol can impair an individual's judgment, slow his or her reaction time and diminish his or her ability to multitask while driving. This means that a motorist can fail to stop at a stop sign or a traffic light, fail to yield at a crosswalk or swerve into oncoming traffic. Yet, despite these dangerous limitations, far too many people still choose to climb behind the wheel while intoxicated.
Protecting your rights when you are involved in a car crash is necessary because victims of these incidents may want to seek compensation for the damages. There are several things that you need to do if you are in this position. This is imperative so that you don't do anything that will work against you.
We spend a lot of time on this blog discussing some of the finer points of personal injury lawsuits. This week we want to step back and take a look at the broader picture. Therefore, we will be taking a wider view of the legal theory of negligence, focusing on its basic components.To succeed on a negligence claim, a victim must prove five legal elements. First, an individual must prove that the defendant owed a duty of care to the victim. Generally speaking, drivers have a duty to act reasonably and drive safely while on the roadways. Therefore, if an individual is speeding, intoxicated or distracted while driving, then he or she may breach that duty of care. This breach of the duty of care is the second element that must be shown to succeed on the negligence claim.The third and fourth elements of a negligence claim deal with causation. In simplified terms, the plaintiff must show that an individual's breach of the duty of care caused the accident or incident in question. Additionally, it must be shown that that incident or accident resulted in injuries to the victim. Causation often involves a defendant engaging in an act where the negative consequences could have or should have been foreseen. The last element of a negligence claim is damages. This means that the incident in question must have caused some sort of harm to the victim. These damages can be physical, emotional or financial in nature. In many cases, all three types of damages are suffered.These damages can have a profound impact on an individual's life, which is why it is imperative that car accident victims seek damages when injured by the negligence of another. Those who have been hurt in a wreck should therefore consider discussing their situation with a legal professional, as compensation may be recoverable.
Concussions are a form of traumatic brain injury that can greatly impact your life. The effects of this type of injury vary based on the severity and location of the damage. These same factors also determine how the injury is treated.
If you've been injured in a drunk driving accident, then you're probably extremely angry at the person who caused you harm. This is an understandable emotion. After all, you've probably been left with unexpected and undeserved physical pain, emotional suffering, and financial damages that are far reaching, including medical expenses, rehabilitation costs, and lost wages. Oftentimes car accident victims struggle to determine how to move forward with life post-wreck. This can leave you feeling overwhelmed and stressed.
Dog attacks are more common than many people realize. In fact, between 2005 and 2013, more than 400 deaths attributable to dog bites occurred across the country. While many people think that these dog attacks are usually perpetrated by aggressive pit bulls that were trained to act that way, the truth is much different. Although pit bulls were responsible for two-thirds of the deaths mentioned above, oftentimes these dogs are beloved family pets that have never acted aggressively before.
After a rear-end collision, there are a number of injuries that people may suffer from. Some of the most common that take place include whiplash, spinal injuries, head injuries and facial disfigurement.